Woman sues Stewart’s

JOHNSTOWN — A Gloversville woman recently filed a negligence lawsuit against a Montgomery County Stewart’s Shop for injuries she suffered last spring due to the store’s alleged slippery conditions.

Marcy Folensbee of 21 Allen St. filed her complaint Sept. 7 in state Supreme Court in Johnstown against the Stewart’s Shop on East Main Street in Fort Johnson.

She is being represented by attorney George Abdella of Gloversville. He is seeking an unspecified punitive judgment for his client.

The lawsuit puts on the onus on the shop for maintaining safe conditions for its customers.

“The defendant had a duty to exercise reasonable care in the maintenance of said property and further had a duty to take all reasonable measures to ensure that the said property remained free of conditions which posed a danger to those persons traversing their property,” court papers said.

Folensbee claims that Stewart’s “negligently and carelessly” allowed its floor in its Fort Johnson convenience store to be wet and otherwise slippery to people who were entering on April 29.

The civil action alleges the plaintiff that day “lost her balance,” falling and was badly injured. Court papers allege a “dangerous condition” was created by the store, with Folensbee being rendered sick, sore, lame and disabled.

Michael Anich covers Johnstown and Fulton County news. He can be reached at [email protected]

By Patricia Older

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